Present law requires the State Energy Policy Council ("council") to be comprised of the following 15 members:
(1) The governor, or governor's designee, as a voting member;
(2) The following three representatives appointed by the governor: (i) one representative of energy resource extraction or energy production industries, excluding the TVA; (ii) one representative of a commercial, industrial, or agricultural energy consumer; and (iii) one representative of an institution of higher education in this state;
(3) The following four representatives, appointed by the speaker of the house of representatives: (i) one representative of the energy research and development industry; (ii) one representative of the TVA; (iii) one representative of a local distribution utility; and (iv) one representative of a transportation-related industry;
(4) The following four representatives, appointed by the speaker of the senate: (i) one residential energy user; (ii) one representative of environmental groups; (iii) one representative of the industries that provide natural gas to consumers in this state; and (iv) one representative who is knowledgeable of and has expertise in energy efficiency and energy conservation as it relates to the built environment;
(5) The state treasurer, or the treasurer's designee, as a nonvoting member;
(6) One nonvoting student member, who is appointed by the council, with expertise in energy issues and energy policy who, during the person's tenure as a member of the council, is enrolled as a graduate students in an institution of higher education in this state; and
(7) The chair of the Tennessee public utility commission, or the chair's designee, as a voting member.
This bill increases the number of council members from 15 to 17 by adding the following two new appointees by the governor: (i) one representative of the Oak Ridge National Laboratory and (ii) one representative of the nuclear energy industry specifically, including research, equipment procurement and training, and economic development.
ON APRIL 16, 2024, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 2118, AS AMENDED.
AMENDMENT #2 rewrites the bill as follows:
STATE ENERGY POLICY COUNCIL ("COUNCIL") COMPOSITION
(1) Establishes that the council is composed of 22 members as follows:
(A) The governor must appoint (i) one representative of energy resource extraction or energy production industries, excluding the TVA, who may be appointed from lists of qualified persons submitted by interested energy resource extraction or energy production industries, including the biofuel, oil and gas, wind, coal, solar energy, geothermal energy, hydropower, and nuclear energy industries. The governor must consult with the industries listed in this (1)(A)(i) to determine qualified persons to fill the position on the council; (ii) one representative of the department of environment and conservation; (iii) one representative of the department of economic and community development; (iv) one representative of a public college or university in this state who has academic expertise in energy production or distribution; (v) one representative of the Tennessee public utilities commission; (vi) one representative of the TVA; and (vii) one representative of the United States department of energy or another partner in the Oak Ridge Reservation, who is a non-voting member;
(B) The speaker of the house of representatives must appoint (i) one representative of a natural gas distributor or from the natural gas pipeline industry; (ii) one representative with expertise in radiological control or nuclear criticality safety or nuclear wastes; (iii) one representative of the crude oil processing or pipeline industry; (iv) one representative of the nuclear manufacturing industry; (v) one representative who is involved in innovative energy production; and (vi) one member of the house of representatives;
(C) The speaker of the senate must appoint (i) one representative of an electric cooperative; (ii) one representative of Oak Ridge National Laboratory; (iii) one representative of a municipal electric provider; (iv) one representative of the local government of the city of Oak Ridge; (v) one representative of the local government of either Hamilton County, Rhea County, Unicoi County, Anderson County, or Roane County; and (vi) one member of the senate; and
(D) The members described in (A) and (B), as a group, appoint (i) one citizen to represent residential energy users; (ii) one citizen to represent farmers or other agricultural enterprises; and (iii) one citizen to represent small business owners;
COUNCIL APPOINTMENTS
(2) Requires that the entire membership of the council as comprised on June 30, 2024, be vacated on July 1, 2024, and new members be appointed in accordance with (1), above. All appointments to the council must be made by July 1, 2024;
(3) In order to stagger the terms of the newly appointed council members, requires that initial appointments be made as follows:
(A) The members described in (1)(A) must serve an initial term of one year, which expires on June 30, 2025;
(B) The members described in (1)(B) must serve an initial term of two years, which expires on June 30, 2026;
(C) The members described in (1)(C) must serve an initial term of three years, which expires on June 30, 2027; and
(D) The members described in (1)(D) must serve a term that is established by the council, but which must not be less than one year nor more than four years;
SUNSET PROVISIONS
(4) Removes the council from the list of present law entities set to terminate on June 30, 2024; and
(5) Adds the council to the list of present law entities set to terminate on June 30, 2026.
ON APRIL 24, 2024, THE SENATE SUBSTITUTED HOUSE BILL 2118 FOR SENATE BILL 2539, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 2118, AS AMENDED.
AMENDMENT #2 removes the provision that required certain appointed members to appoint one citizen to represent residential energy users, one citizen to represent farmers or other agricultural enterprises, and one citizen to represent small business owners and, instead require the following:
(1) The governor to appoint one citizen to represent residential energy users;
(2) The speaker of the house of representatives to appoint one citizen to represent farmers or other agricultural enterprises;
(3) The speaker of the senate to appoint one citizen to represent small business owners.

Statutes affected:
Introduced: 68-204-104(a), 68-204-104
Amended with HA0971 -- 04/16/2024: 68-204-104(a), 68-204-104, 4-29-245(a), 4-29-245, 4-29-247(a), 4-29-247
Amended with HA0971, SA1028 -- 04/24/2024: 68-204-104(a), 68-204-104, 4-29-245(a), 4-29-245, 4-29-247(a), 4-29-247